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THE NEW PART 36: PART 10: PULLING IT ALL TOGETHER: 18 KEY POINTS

Originally posted on Civil Litigation Brief:

Here  is a summary of the changes to Part 36 we then consider the practical implications of the new rule, including the implications for on-going litigation. There are links to the relevant posts on the issue and a summary of the previous posts.

18 KEY POINTS

1.   The new Part 36 has a brand new structure

This is set out in detail in the 8th post in this series.

2. The new rule states, expressly, that Part 36 is a self-contained procedural code.

See the discussion in the 1st post.

3. The new rule states that offers can be made outside Part 36 and still be relevant to the issue of costs.

Covered in the 1st post.

4. It is now made clear that a new Part 36 offer is needed when an appeal takes place

The 1st post

5. There are new sections covering the “scope” of Part…

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